THIS TRIAL CHAMBER of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991 ("the
International Tribunal"),

BEING SEISED of an Application to proceed by deposition filed by
the Office of the Prosecutor ("Prosecution") on 26 November 1999 in respect of
the Prosecution witnesses to be heard during the week of 29 November to 3 December 1999
("the Request") for the taking of deposition evidence in accordance with Rule 71
of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
due to the temporary unavailability of Judge Patrick Robinson,

NOTING the agreement of the parties to the use of this procedure
for direct- and cross-examination of the witness Johan Verhoeven, as reflected in the
transcript of 29 November 1999,

CONSIDERING that the unavailability of one of the members of the
Trial Chamber must not prejudice the right of the accused to be tried without undue delay,
as provided in Article 21, paragraph 4(c), of the Statute of the International
Tribunal (the "Statute"),

CONSIDERING that, pursuant to Rule 71 (A) of the Rules, at the
request of either party, the Trial Chamber may, in exceptional circumstances and in the
interests of justice, order that deposition evidence be taken before a duly appointed
Presiding Officer;

CONSIDERING the guidance on the interpretation of Rule 71 (A) by
the Appeals Chamber of the International Tribunal in its Decision of 15 July 1999 in Prosecutor
v. Zoran Kupreskic et al.,

FOR THE FOREGOING REASONS

AND WITH THE AGREEMENT OF THE PARTIES

PURSUANT to Article 21 of the Statute and Rules 54 and 71 of the
Rules,

GRANTS the Request in respect of the witness Johan Verhoeven and APPOINTS
as Presiding Officers for that purpose Judge Richard May and Judge Mohammed Bennouna; and

ORDERS that the evidence of the witness Johan Verhoeven will be
taken pursuant to Rule 71 and that the deposition procedure shall be as follows:

The Presiding Officers and the parties shall be robed as usual;

The hearings shall be public subject to any protective measures that may be ordered;

The record shall be transmitted to the Trial Chamber, consisting of three Judges,
pursuant to Rule 71 (E).

Done in English and French, the English text being authoritative.

___________________________
Richard May
Presiding

Dated this twenty-ninth day of November 1999
At The Hague
The Netherlands